I recently proposed the idea to my employees of working four days a week with three days off. Each employee would work two extra hours per shift, so they’d still have a 40-hour week. This will require some juggling because not everyone can have the same three-day weekend, but we can rotate. It was well-received by the employees. Will I run into any NYC labor laws that might prevent this concept?
You are smart. Most people crave flexibility and with the labor market as tight as it is, employers need to be creative and flexible in order to win the talent war. New York doesn’t require overtime to be paid on extra hours in the day, but only above 40 over the course of the work week, so you aren’t increasing your costs by doing this. The biggest challenge will be juggling schedules so that you have the coverage that you need, including during holidays and vacations, but that’s a small inconvenience for the goodwill and loyalty you will earn by accommodating this work schedule. The other consideration is to make sure that you have the flexibility to revert back to a regular five-day schedule if this doesn’t work out. Be transparent with your team that if it doesn’t work for the business, you retain the right to adjust.
Last week, you were downright giddy about the lovely legality of servers and chefs working 10-hour shifts without being eligible for overtime. Hey, who cares if they’re on their feet to the point of collapse, right? Enjoy your cheesecake.
I do tend to get giddy over dessert, and just about any kind, I confess. But I wasn’t giddy about people collapsing from working longer shifts, just merely clarifying the law. An employer has the right to establish the terms that they want to run their business. It’s not like employees aren’t getting paid for the extra hours — the law just says it isn’t overtime unless they exceed 40 hours in the work week. Employees have the right to say that an adjustment in schedule doesn’t work for them. Plus, if they want to resign, they’ll be eligible for unemployment benefits because of the material change in the workday that they can’t accommodate.
Gregory Giangrande has over 25 years of experience as a chief human resources executive. Hear Greg Weds. at 9:35 a.m. on iHeartRadio 710 WOR with Len Berman and Michael Riedel. E-mail: [email protected]. Follow: GoToGreg.com and on Twitter: @GregGiangrande